City of Gardner, MA Article X Publication of Industrial Users in Significant Noncompliance

§ 553-58 Annual publication.

The Director shall publish annually, in the largest daily newspaper in the City where the POTW is located, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall mean:

A. Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;

B. Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease and 1.2 for all other pollutants except pH);

C. Any other discharge violation which the Director believes caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of City personnel or the general public;

D. Any discharge of pollutants which caused imminent danger to the public or to the environment or resulted in the Director's exercise of emergency authority to halt or prevent such a discharge;

E. Failure to meet, within 90 days after the due date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

F. Failure to provide, within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

G. Failure to accurately report noncompliance; or

H. Any other violation(s) which the Director determines will adversely affect the operation or implementation of the local pretreatment program.